Supreme Court of Arkansas

Mid-South Adjustment Co., Inc. v. Brittany Smith

November 3, 20222022 Ark. 196

Summary

The court affirmed certification of a class alleging that Mid-South violated the Arkansas Fair Debt Collection Practices Act by attempting to collect debts more than three years after the members' last payments. It held that the class definition used objective and ascertainable criteria, that class treatment was superior despite potentially limited individual recoveries, that Smith adequately represented the class, and that her certification motion was timely. The court also declined to consider an unpreserved argument concerning the circuit court's timing in ruling on certification.